Situation guide

A family member is in an immigration detention center

Basic information you can check when a family member is held in an immigration detention center (외국인보호소) or other detention facility. Detention is a measure connected with the deportation procedure, and the procedure and outcome may differ depending on the individual case.

What this situation means

For the person concerned

Detention is to be carried out with a detention order issued by the head of the office, where there are reasonable grounds to suspect a ground for deportation and the person has fled or may flee. When the detention order is executed, it is to be shown to the person.Source: Immigration Act (출입국관리법) Art. 51(1) · Immigration Act (출입국관리법) Art. 53
Places of detention are an immigration detention room, an immigration detention center, or a place designated by the Minister of Justice.Source: Immigration Act (출입국관리법) Art. 52(2)
If the person wishes, the consul of their country in Korea is to be notified of the date, place and reason for detention, unless there are urgent or unavoidable circumstances.Source: Immigration Act (출입국관리법) Art. 54(2)
Procedures for requesting a review of detention, visits, petitions and temporary release are to be posted in a clearly visible place inside the facility.Source: Immigration Act (출입국관리법) Art. 56-9 · Immigration Act (출입국관리법) Art. 66-2

For family members

When a person is detained, their legal representative, spouse, lineal relatives, siblings, family or a person they designate in Korea is to be notified in writing of the date, place and reason within 3 days (except where there is no such person).Source: Immigration Act (출입국관리법) Art. 54(1)
This detention notice is also to state that a review of the detention may be requested.Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 68
A detained person may have visits, exchange letters and make phone calls. These may be restricted where unavoidable for the safety and order of the facility or the person's safety, health or hygiene.Source: Immigration Act (출입국관리법) Art. 56-6

Deadlines

Detention for reviewing and deciding whether a person is subject to deportation is up to 10 days; for unavoidable reasons it may be extended once, by no more than 10 days, with the permission of the head of the office.Source: Immigration Act (출입국관리법) Art. 52(1)
To object to a deportation order, an objection must be submitted to the Minister of Justice, through the head of the regional immigration office, within 7 days from the date the deportation order was received.Source: Immigration Act (출입국관리법) Art. 60(1)
Once an application for temporary release reaches the Foreigner Detention Committee, the committee is to decide within 3 weeks from receipt; where unavoidable, this may be extended once by up to 2 weeks.Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 79-2(3)
For any other dates, check the detention notice, detention order, deportation order or other document you received.

3 things to do now

Check the dates and contents of the documents received

For the person concerned: If you received a detention order or deportation order, check the name of the document, the date you received it and what it says.

For family members: Check and keep the date, place and reason for detention written on the detention notice you received.

Source: Immigration Act (출입국관리법) Art. 53 · Immigration Act (출입국관리법) Art. 54(1) · Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 68

Check how to visit and stay in contact

For the person concerned: You may contact family through visits, letters and phone calls. Check the procedure posted inside the facility.

For family members: Ask the detention facility about its visiting procedure and confirm the available ways to stay in contact.

Source: Immigration Act (출입국관리법) Art. 56-6 · Immigration Act (출입국관리법) Art. 56-9

Check the review and temporary-release procedures

For the person concerned: If you object to the detention, you may request a review of the detention by the Foreigner Detention Committee, and you may also apply for temporary release.

For family members: A legal representative or family member listed in the law may also request a review of the detention, and a guarantor or such a person may also apply for temporary release.

Source: Immigration Act (출입국관리법) Art. 55(1) · Immigration Act (출입국관리법) Art. 65(2)

What not to do

Do not leave the dates on the documents unchecked. In particular, an objection to a deportation order is due within 7 days from the date the order was received.Source: Immigration Act (출입국관리법) Art. 60(1)
Do not leave out supporting materials. A request for review of detention is to be accompanied by materials explaining the grounds of objection, and an application for temporary release by materials explaining the reasons for the application and the ability to pay the deposit.Source: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 69(1) · Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 79-2(1)
Do not decide based only on unconfirmed information. Check against the documents you received and the procedures posted inside the facility.Source: Immigration Act (출입국관리법) Art. 56-9 · Immigration Act (출입국관리법) Art. 66-2

Documents to prepare

The detention notice received (family); the detention order or deportation order (the person concerned, if received)Source: Immigration Act (출입국관리법) Art. 54(1) · Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 68
The detained person's passport and alien registration details
Documents showing the family relationship (if a family member is applying)
For a review of detention: materials explaining the grounds of objectionSource: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 69(1)
For temporary release: materials explaining the reasons for the application and the ability to pay the depositSource: Enforcement Decree of the Immigration Act (출입국관리법 시행령) Art. 79-2(1)

Official sources

Official information sites

This page is general information based on the text of Korean law and may differ depending on the individual case. Always check deadlines and conditions on the document you received.

If you have the documents you received at hand, we can look at your situation together.